Garnishment
Date: Wed, 04/28/2010 - 11:52
Garnishment
I have been checking several of my paychecks & according to my calcs, I am def being garnished more than 15% of my disposable income. Actually, it's a bit more than 15% of my gross income before anything taken out. Are you sure of the 15% & is it a law? I need to check into this with my employer HR I assume.
Do you know if I was to send a separate check in for even $5 or so more than the garnishment if in 9 months I could end the garnishment? Someone told me that if I make my own payment for 9 months it will stop but I can't afford the garnishment now so I could only send a few more dollars. Does anyone know if this is true? I really don't even mind them taking it directly out of my paycheck because that way I know it is always made on time consistantly but the amount is so much I'm really struggling financially with the basics! Any advice? Thanks in advance.
No one can garnish your wages without a court order in ANY state
No one can garnish your wages without a court order in ANY state. You need to get a hold of payroll and make sure they got a court order from the creditor, and if there is one (which your employer should know they can't garnish without one) go to the courthouse, get the case file (the case number will be on the court order) and look for the affidavit of service. Then use it to vacate judgment, arguing you were never served.
I don't know what state you are in, or what your state law says about a garnishment being lifted, but typically the only way to get a garnishment removed is to pay off the debt. If you want to be sure, you should talk to someone who specializes in collections in your state. www.lawguru.com has free licensed lawyers who might be able to help.
Sorry, the above information posted by OVLG Attorney is false. I
Sorry, the above information posted by OVLG Attorney is false. If you have defaulted on a Federal student loan, you absolutely can and will be garnished and a court order is not needed. For that matter, the fed and the state can do the same for back taxes owed.
SoapLady is who you need to talk to about how to rehab your student loan debt. I'm not sure if you can do so, once you're already being garnished, but she's the guru you need to talk with.